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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law: Possession with Intent to Distribute-Sentencing Enhancement-Prior Felony Conviction

Criminal Law: Possession with Intent to Distribute-Sentencing Enhancement-Prior Felony Conviction

Defendant sought habeas relief from the mandatory minimum sentence imposed following his conviction for conspiracy and possession with intent to distribute crack cocaine. Defendant’s mandatory minimum sentence was doubled based on a prior felony conviction. On appeal, defendant argued that imposition of the sentencing enhancement arose from geographical disparity in application of the enhancement between the Northern District of Iowa and other districts

Where defendant’s motion for habeas corpus relief was untimely because it was filed more than one year after the discovery of facts underpinning the motion, the motion was time-barred.

Judgment is affirmed.

Ingram v. U.S. (MLW No. 73697/Case No. 17-3409 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Northern District of Iowa, Bennett, J. (Shelley A. Goff, of Ruston, LA for appellant) (Shawn Wehde, AUSA, of Sioux City, IA. for appellee)